Shaik Jhanimiya vs The State Of Telangana
2023 Latest Caselaw 2053 Tel

        HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

                 WRIT PETITION No.24788 of 2023
ORDER:

This writ petition is filed to declare action of the respondent

authorities in not updating the entries in Dharani Portal in respect of

the agricultural land admeasuring Acs.8-05 guntas in Survey No.817

situated at Juntinagulagudem area, Paloncha Village and Mandal,

Bhadradri Kothagudem District, pursuant to online application

No.2300132977, dated 23.06.2023, submitted by the petitioner as

illegal, arbitrary and violative of Articles 14 and 300-A of the

Constitution of India, and for a consequential direction to the

respondents to enter the name of the petitioner in Dharani Portal in

respect of the said subject land and issue pattadar passbook.

2. It is claimed that the petitioner is the absolute owner and

possessor of the aforesaid subject land. That one Thursam

Veeraswamy and another tried to occupy the land of the petitioner

without any title. The petitioner's mother by name Meer Bee Janbee

and his brother Meer Yakub Ali filed a suit in O.S.No.284 of 1994 on

the file of the Junior Civil Judge, Kothagudem, for perpetual

injunction. The suit was decreed by judgment dated 18.07.2000. The

defendants preferred appeal in A.S.No.26 of 2000 before the Principal

Senior Civil Judge, Kothagudem, and the same was dismissed by ::2::

BVR,J WP.No.24788_2023

judgment dated 11.12.2007 confirming the decree in O.S.No.284 of

1994. The defendants preferred Second Appeal in SA.SR.No.33802

of 2013 before this Court. Meanwhile, the decree-holders filed

Execution Petition. The defendants raised objection contending that

the suit property is located in agency area, as such, the Civil Court

lacks inherent jurisdiction in entertaining the suit or Execution Petition.

3. Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Revenue and perused the record.

4. Learned counsel for the petitioner referred to the order dated

21.02.2019 passed in CRP.No.5440 of 2015, wherein the revision

petitioners, who are the defendants in O.S.No.284 of 1994,

contended that the suit property is located in agency area and the

Civil Court has no jurisdiction to entertain the suit or Execution

Petition, and that by noting that the Second Appeal preferred by the

petitioners therein was rejected on merits, the Civil Revision Petition

was dismissed. It is further submitted by the learned counsel that in

view of dismissal of CRP.No.5440 of 2015 and rejection of the

Second Appeal instituted by the defendants, the petitioner is entitled

to get his name mutated in revenue records and for issuance of

pattadar passbook in respect of the subject land pursuant to his

online application No.2300132977 dated 23.06.2023.

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BVR,J WP.No.24788_2023

5. Learned Assistant Government Pleader for Revenue submitted

that appropriate action will be taken by the respondents on online

application of the petitioner.

6. Recording the above submissions of the learned Assistant

Government Pleader for Revenue, this writ petition is disposed of

directing respondent Nos.2 and 4 to consider online application of the

petitioner vide Application No.2300132977, dated 23.06.2023, for

entering his name in Dharani records in respect of the agricultural

land admeasuring Acs.8-05 guntas in Survey No.817 situated at

Juntinagulagudem area, Paloncha Village and Mandal, Bhadradri

Kothagudem District, and also for issuance of pattadar passbook, by

issuing notice to all interested/concerned persons and pass

appropriate orders within a period of 45 days from the date of receipt

of a copy of this order. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending in

this writ petition, shall stand closed.

_____________________ B. VIJAYSEN REDDY, J September 06, 2023 vv